How to Defend a Non-Molestation Order: 10 Practical Tips
Updated: Nov 2
Last updated: 2 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: How do you defend a non-molestation order? Read the order and obey it, then tell the court before the return hearing, on form FL435, whether you agree to it, accept it with no admissions, or oppose it. If you oppose it, file a witness statement answering each allegation with your evidence. A without notice order is not a finding against you: the court decides on the evidence.
Being served with a non-molestation order is a shock. Most people we speak to have a dozen questions at once: what does it stop me doing, can I see my children, will this go on my record, and how do I put my side? This guide takes you through ten practical steps, in the order you will usually need them, for anyone in England and Wales who has had an application made against them.
Key facts
Key fact | Detail |
The law | Family Law Act 1996: section 42 (non-molestation orders), 42A (breach offence), 45 (orders without notice) and 46 (undertakings) |
Cost of applying | No court fee to apply for a non-molestation order (GOV.UK, checked 2 November 2026) |
Your reply form | FL435, sent with a without notice order. The court should receive it at least 5 days before the hearing |
Your three options | Agree to the order, accept it with no admissions (no findings of fact), or oppose it |
Return hearing | Fixed in the order itself. For an order made on the papers, the return date should be no more than 28 days away |
How long it lasts | A fixed end date set by the judge, often 6 or even 12 months |
Breaking it | A criminal offence, up to 5 years in prison, or contempt of court, but not both (section 42A) |
Can you defend a non-molestation order?
Yes. You have every right to defend a non-molestation order, and many respondents do. A non-molestation order is a civil court order under section 42 of the Family Law Act 1996 that prohibits the respondent from molesting a person they are associated with, or a relevant child. GOV.UK describes it as an order that protects someone, or their child, from being harmed or threatened by the person who abused them. If you are new to the order itself, our plain guide to what a non-molestation order is and how it works explains the basics.
Many orders are first made "without notice", which means the judge heard only from the applicant. The President of the Family Division's guidance, in force since 12 January 2026, says without notice orders should be the exception, not the rule. It also says a without notice order must make clear that the judge has only considered the applicant's evidence and has made no findings of fact. So the order is not a verdict on you. Your chance to answer comes at the return hearing, or sooner if you apply to set the order aside. Our guide to ex parte (without notice) orders in family law explains this in more detail.
Tip 1: Read the order carefully and obey it, even if you think it is wrong
This is the most important tip of all. Read every paragraph of the order. It will list exactly what you must not do, for example contact the applicant directly or through other people, post about them online, or go within a set distance of their home.
Breaking a non-molestation order without reasonable excuse is a criminal offence under section 42A of the Family Law Act 1996, with a maximum of five years in prison. For an order made without notice, the offence only applies to things you did once you were aware of the order. A breach can be dealt with either as a crime or as contempt of court, but not both. Our article on what happens when you breach a non-molestation order covers this fully.
Even a friendly message to "sort things out" can be a breach. If you share children and you need to arrange handovers, ask the court how that should happen rather than guessing.
Tip 2: Write down the key dates straight away
Find three dates on the paperwork: the date the order ends, the return hearing date, and the deadline for your reply. The 2026 guidance says every non-molestation order must have a fixed end date, which may be 6 or even 12 months, and a without notice order must give a return date. Put them in your diary and set reminders. If you miss the hearing, the court may deal with it without hearing from you.
Tip 3: Decide how you want to respond on form FL435
A without notice order should come with form FL435, a reply form for the respondent. You send it so the court receives it at least 5 days before the hearing. It gives you three choices:
Agree. You accept what the applicant says and agree to the order continuing.
No admissions. You agree to keep to the order, but you do not accept the allegations. The order records that the court has made no findings of fact.
Oppose. You do not agree with the applicant's statement, or you want parts of the order changed. The court will then usually set up a contested hearing.
There is no one right answer. A no admissions order can save time, cost and stress, but it still means living with the order's terms until it ends. Opposing means giving evidence and being questioned. Think about what matters most to you, including any family court case about children that may follow.
Sometimes the court will ask whether you would give an undertaking instead. An undertaking is a formal promise to the court, under section 46 of the Act. It is enforceable if broken. But the court cannot accept an undertaking where it appears you have used or threatened violence against the applicant or a child and an order is needed to protect them.
Tip 4: If the order is wrong or too wide, act quickly
You do not have to wait for the return date. A without notice order must tell you that you can apply to set it aside or vary it, and the 2026 guidance says the court must list that application urgently, within a matter of days at most. This matters if, for example, the order stops you going to your own home or workplace when the applicant's evidence did not justify that.
Use the contact details on the order to reach the court, and say clearly which parts you want removed or changed, and why.
Tip 5: Answer each allegation in a clear witness statement
If you oppose the order, the court will usually direct each side to file a witness statement. Go through the applicant's statement one allegation at a time. Say what you accept, what you deny and what you say really happened, with dates. Keep it factual and calm. A statement that attacks the other person tends to help them, not you.
Your statement must end with a statement of truth, confirming you believe the facts are true (Family Procedure Rules, rule 17.2). Making a false statement without an honest belief in its truth can be contempt of court under rule 17.6, and that applies to both sides. Our guide to writing a clear and effective position statement shows how to set out your case simply.
Tip 6: Gather your evidence safely and keep it in order
Good evidence is specific and complete. Think about:
full message threads, not single screenshots taken out of context
emails, call logs and voicemails, with dates
statements from people who actually saw what happened
your own diary notes, written at the time
anything showing where you were on a particular date
Never edit a screenshot, and keep the originals. Store copies somewhere secure, protected by a strong password, and do not share them with anyone you would not trust with your case. Do not contact the applicant to "get evidence": that could be a breach.
The court may limit what goes in front of the judge, so follow its directions closely. Our guide on how to prepare a court bundle for the family court explains the current rules.
Tip 7: Remember an allegation is not a finding
A non-molestation application is a civil case, not a criminal charge. If the order is opposed, the court decides the disputed facts on the balance of probabilities, which means what is more likely than not. Under section 42(5), the court looks at all the circumstances, including the need to secure the health, safety and well-being of the applicant and any relevant child. Any history between you will be looked at, but the decision rests on the evidence, not on how strongly something is alleged.
If the police are also involved, for example after an arrest, that is a separate criminal matter. Get advice from a criminal defence solicitor straight away and don't discuss the facts with anyone else first.
A word on self-defence, because the old version of this page raised it. If a situation turns heated, the safest thing is to walk away and call 999 if anyone is in danger. In criminal law, force used in self-defence must be reasonable in the circumstances as you believed them to be (Criminal Justice and Immigration Act 2008, section 76). If you are accused of an assault, that is a question for a criminal solicitor.
Tip 8: Know what protections apply at the hearing
Non-molestation hearings are held in private. In most cases, only the two of you and any legal representatives attend (GOV.UK).
Since 2022, the family courts have had a ban on cross-examination in person where there is evidence of domestic abuse, such as a protective injunction already in place on notice. The ban works both ways. If it applies, the court first looks at other options, such as the judge asking the questions. If there are none, a qualified legal representative may be appointed to do the questioning. Our article on the ban on abusers cross-examining victims in the family court explains how this works.
Tip 9: If you have been abused yourself, you can apply too
Sometimes the person served with an application is the one who has been threatened or harmed. If that is you, defending the application is not your only option. You can apply for your own non-molestation order on form FL401. There is no court fee. If you feel unsafe, our guide to getting a non-molestation order quickly explains the steps and where to get help.
In an emergency, always call 999.
Tip 10: Look after yourself and get the right support
Facing an order that affects your home or your children is frightening. Try to stay calm, keep to the order and get support early. Legal aid can cover non-molestation proceedings, subject to a means test and a merits test. You can check if you can get legal aid on GOV.UK. Many people also find it helps to talk the paperwork through with someone who knows the process.
If you want to understand what the order you are facing actually means, our guide to what an NMO means in court answers the most common questions.
How to respond to a non-molestation order at a glance
Step | What to do |
1. Read and obey | Keep to every term of the order from the moment you know about it |
2. Note the dates | End date, return hearing date and your FL435 deadline |
3. Reply on FL435 | Agree, no admissions or oppose, so the court gets it at least 5 days before the hearing |
4. Set aside or vary | If the without notice order is wrong or too wide, apply without waiting; it should be listed within days |
5. Witness statement | Answer each allegation, with dates and a statement of truth |
6. Evidence | Full, unedited messages and records, kept securely |
7. Hearing | Private hearing; protections on questioning may apply |
How much does it cost to contest a non-molestation order?
There is no court fee for applying for a non-molestation order, according to GOV.UK. The main cost of contesting one is legal help, if you pay for it. Legal aid may cover it if you qualify on both the means and the merits tests. Some people represent themselves and get help with the paperwork only.
Can a non-molestation order be rejected or cancelled?
Yes, at several points. A judge can refuse a without notice application on the papers. If an order is made, you can apply to set it aside or vary it. At the return hearing the court may decide not to continue it, or the order may simply end on its fixed end date. If circumstances change later, either side can apply to vary or discharge an order under section 49 of the Act. Every case turns on its evidence, and nobody can promise a particular result.
How we can help
Court Help Limited is a family law paralegal firm, not a firm of solicitors, and we do not represent clients in court. What we do is help you prepare: understanding the order and your options on form FL435, drafting a clear witness statement, organising your evidence and court bundle, and explaining what to expect at each hearing. We also help people who need to apply for protection themselves.
To talk to us, use the contact form on this page or email help@incourt.co.uk. You can read what our clients say in our Google reviews.
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Frequently asked questions
How do I contest a non-molestation order?
Tick the "oppose" option on form FL435 and send it so the court gets it at least 5 days before the return hearing. The court will usually then give directions for witness statements and a contested hearing, where the judge decides the disputed facts on the evidence. Keep to the order in the meantime.
Can I contact the applicant to sort things out?
Not if the order forbids contact, and most do. Contact through friends, family or social media can also be a breach. If you share children, ask the court how arrangements for them should work.
Does a no admissions order mean I have admitted the allegations?
No. You agree to keep to the order, and the order records that the court has made no findings of fact. You must still obey it until it ends.
How long does a non-molestation order last?
Until the fixed end date written on it. The 2026 guidance says this may be 6 or even 12 months, and it is for the judge to decide. The applicant can apply to extend it before it ends, and you can oppose that.
What if the allegations against me are false?
Answer them calmly, one by one, in your witness statement and back that up with evidence. Making a false statement verified by a statement of truth can be contempt of court, but bringing those proceedings needs the Attorney General or the court's permission. Concentrate on your own evidence.
Official sources (checked 2 November 2026): GOV.UK: get an injunction if you've been the victim of domestic abuse; President's Guidance 2026: non-molestation orders; Family Law Act 1996, section 42A.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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